The Biomaterials Access Assurance Act (BAAA) was enacted in 1998 to protect biomaterial suppliers of implanted medical devices from the expenses of defending baseless civil suits. 21 U.S.C. §§1601-1606. The BAAA is a valuable and underused tool for medical device defendants because it provides a mechanism for swiftly dismissing defendants that supplied medical device parts or materials but that did not design, manufacture, test, or label the devices. The act has practical applications that can prevent forum shopping through fraudulent joiner of in-state materials suppliers and can in some cases provide a complete defense against liability to a supplier.
To continue reading the article from the September 2014 edition of DRI's For the Defense, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
